(PS) Marty v. Estate of Jennifer-Ann:Marty et al, No. 2:2011cv03046 - Document 8 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/6/11 RECOMMENDING that this action be dismissed for lack of subject matter jurisdiction. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due 14 days after being served with these findings and recommendations. (Meuleman, A)
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(PS) Marty v. Estate of Jennifer-Ann:Marty et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH MARTY, 11 12 13 Plaintiff, No. CIV S-11-3046 GEB CKD PS vs. ESTATE OF JENNIFER-ANN: MARTY, et al., 14 Defendants. 15 16 17 18 FINDINGS AND RECOMMENDATIONS / Plaintiff is proceeding in this action pro se and in forma pauperis. This proceeding was referred to this court by Local Rule 302(c)(21). By order filed November 21, 2011, plaintiff was ordered to show cause no later 19 than December 2, 2011 why this action should not be dismissed for lack of subject matter 20 jurisdiction. Although plaintiff returned that order to the court with some handwritten notations, 21 plaintiff has failed to respond to the order to show cause. There being no evident basis for 22 subject matter jurisdiction, the court will recommend that this action be dismissed. 23 24 25 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of subject matter jurisdiction. These findings and recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within Dockets.Justia.com 1 fourteen days after being served with these findings and recommendations, plaintiff may file 2 written objections with the court. The document should be captioned “Objections to Magistrate 3 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 5 Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: December 6, 2011 7 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 4 12 marty.nosmj 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2